209.27 Unemployment: NH Employment Security SR 95-02, 05/95 (FAM-A)

The PWE must be monetarily eligible for NH Employment Security (NHES) UC benefits, although not necessarily eligible to receive them. The PWE still meets deprivation due to unemployment criteria if the PWE is disqualified by NHES for unemployment compensation for the following reasons:

• The PWE may leave self-employment.

• The PWE may be unavailable for work for 30 days or less.

• The PWE may receive unemployment compensation benefits in another state.

Document the PWE’s reason for separation from their last employer when NHES denies a PWE’s benefits based on disqualification or insufficient earnings. Deny the PWE’s deprivation due to unemployment status when any of the following occurred. The PWE:

• was discharged for misconduct associated with work. Misconduct can be

- neglect of duty - recurring careless or negligent acts, or

- willful misconduct - a deliberate violation of a company rule designed to protect the legitimate interests of the employer.

• failed to accept or apply for suitable employment without good cause. See Sections 209.29 and 209.31.

• was unavailable for work outside the home for more than 30 days.

• was separated from their last employer due to a disciplinary layoff.

• was separated from their last employer due to participation in a labor dispute.

• was discharged due to intoxication or use of controlled drugs on the job.

• was discharged due to arson, sabotage, or dishonesty connected with the job.

• voluntarily quit a job through no fault of the employer. However, a PWE’s voluntary quit is erased when they secure new employment at comparable wages or hours, then loses the new job through no fault of their own.

A PWE must be willing to apply for and accept NHES unemployment compensation.

Advise a PWE of their right to appeal an NHES disqualification determination.